Thanks for the reply! I am not favorable to concessions either, at least in most scenarios. My point is really more about the fact, this legislation in regard to cigars, was written well before the proposed rule was public. So Congress has known well in advance to try and protect their cigars. This is both an admission of the effects of the proposed rule and a hypocrisy at the highest level. At the very LEAST, if the premium cigar category does wind up getting a pass, the premium ecig category should too. Especially when comparing harm. I am in agreement, one of the "other options" in the impact analysis would certainly be more favorable.
another thought: perhaps premium cigars getting an exemption could help our cause during future litigation.
re: bold... that was Bill's point and again, I'm not in favor of that. I understand the 'equality' issue but maybe only certain mods will be allowed - like the Provari but not the Vamo. The point (a weak point, imo) that is being made for premium cigars is that the cost ($10 and up) isn't 'attractive' to kids, (ie poor kids), but it is hypocrisy, and getting them exempted is not a 'sure thing' - see the health issues that they cite regarding cigars while discussing 'options 1 & 2' in the deeming doc - basically the same as any cigar, so from a 'public health' viewpoint - that they are using to deem ecigs, they are giving premium cigars a pass under one option, even though they don't conform to their 'public health' standard.
And I would tend to use this argument to keep ALL ecigs rather than try to compromise for just a certain set of expensive ones. IOW, 'you (the FDA) claim that you're upholding 'public health' but the cigar exception has all the problems with tobacco combustion whereas ecigarettes don't have those problems - in fact, they avoid those problems that are known problems.'
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